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As another individual involved in law enforcement (in my case, I'm a US Special Agent for the Treasury Dept -- my work is completely unrelated to drug interdiction and I'm not with ATF) I thought I'd expand a bit on Dasani's (and others') comments. Local law enforcement has more latitude than we do when it comes to arresting without much in the way of probable cause, but every LEO I know hates arresting people due to the red tape involved. An arrest for pretty much anything other than a warrant involves hours of paperwork, and it's not fun. And it doesn't end with the paperwork filed at the time of arrest -- there's always the potential that you're going to wind up in court being cross-examined about an arrest you made months ago which you really don't remember much about. That said, locals do arrest for matters like this and if you find yourself under arrest or being questioned about something you could be prosecuted for, never forget your fifth amendment protection against self-incrimination. You have the right to remain silent -- USE IT. I've seen a lot of cases go forward that wouldn't have gone forward had the suspect exercised his right to keep his mouth shut. Realistically, I think the case that started this thread would be a tough case to prosecute. A local PD might try to prosecute it but something this small would never go forward at the federal level. The DEA wouldn't get involved (much bigger fish to fry) and no federal prosecutor I know would file charges. Feds go for two types of cases: slam dunks and cases that either make a point or further some other Government interest. For instance, I remember seeing one case in which a low-level employee of a federal agency was prosecuted because his or her spouse was a high-level official at another agency. Cases like this are pretty rare. The Feds just don't have the resources or desire to prosecute silly cases like the one that started this thread. I probably wouldn't spend money on an attorney unless the police or Feds contacted me about the case. If they do, respectfully assert your right to remain silent and your right to consult with an attorney and to have your attorney present during questioning.
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